Election Commission of India

On January 25, 1950, the Election Commission of India was created with the objective of developing and overseeing our country's election process. The primary responsibility of the ECI is to hold free and fair elections that adhere to the law and the Model Rules of Ethics, a code of ethics.

The Indian Election Commission is a permanent, independent, quasi-judicial, and constitutional body established under Article 324 of Part 15 of the Constitution. It is the highest body charged with supervising, controlling, and directing all areas of electoral governance in the country. The Election Commission was created in 1950 with the main objective of administering, supervising, and being in charge of holding free and fair elections for the state legislatures, the Indian president, and the vice presidential positions.

What is the Election Commission of India (ECI)?

The ECI is a self-governing constitutional institution that governs Indian elections in line with the Indian Constitution. The ECI was founded on January 25, 1950, with the objective of overseeing our country's election process. The ECI is in charge of monitoring elections to the State Legislative Assembly on behalf of the President. According to Article 324 of the Indian Constitution, the Election Commission of India has supervisory and directing authority over the whole process of electing India's president and vice president to state legislatures.

Constitutional Provisions

Part XV (Articles 324–329) of the Indian Constitution: This section deals with elections and establishes a commission to oversee them.

Structure of the Election Commission of India

• The commission formerly had just one election commissioner, but according to the ECI Amendment Act 1989, it is now a multi-member body.

• The commission consisted of one chief election commissioner and two election commissioners.

• The Chief Electoral Officer, an IAS-level officer, assists the electoral commission at the state level.

• They have a six-year term or until they turn 65, whichever comes first.

• They receive the same rank, income, and perks as India's Supreme Court justices.

Appointment & Tenure of Election Commissioners

• The president has the authority to appoint the Chief Election Commissioner and other Election Commissioners.

• They have a six-year contract or until they reach the age of 65, whichever comes first.

• They enjoy the same status, pay, and benefits as judges of the Supreme Court of India.

• Only an allegation by Parliament can result in the removal of the Chief Election Commissioner.

• A regional commissioner or an election commissioner may not be removed from office unless the Chief Election Commissioner recommends it.

Removal from Office

• Judges of the High Courts and the Supreme Court, as well as the CEC and the CAG, may be removed from office by a parliamentary resolution based on "proven wrongdoing or incapacity."

• The term "impeachment" is not used in the United States Constitution to describe the removal of judges, CAGs, and CECs.

• The term "Impeachment" is only used to remove the president and requires a special majority of two-thirds of the total strength of both chambers.

Composition of the Election Commission

The composition of the electoral commission is governed by Article 324 of the Indian Constitution. It contains the following items −

• The Chief Election Commissioner and the other election commissioners are appointed by the President of India.

• If no other EC is selected, the CEC acts as Chairman of the Election Commission.

• The President may also designate regional commissioners to assist the commission, such as a commissioner to oversee the Karnataka election commission.

• The President determines the tenure of office and the terms of service for all election commissioners.

Power of ECI

Election commissioners in India have three sorts of authorities: administrative powers, advisory powers, and quasi-judicial powers.

Administrative powers

The critical role of monitoring, managing, and controlling the conduct of elections entails a vast variety of authorities, duties, and actions; these are essentially the administrative powers conferred on the ECI. Article 324 delegates to the Commission a variety of functions, most of which are administrative in nature but may also be judicial or legislative in nature.

Advisory Powers

When a person is charged and convicted of any corrupt acts during an election, the President of India decides whether the same person should be barred from standing in future elections and, if so, for how long. In such a case, the president seeks advice from the ECI and, depending on the circumstances, may act in accordance with that advice.

Quasi-Judicial Powers

The Election Commission is also obligated by law to perform another important function. All organizations or groups of people claiming to be political parties and intending to run for office under the name and flag of a political party must register with ECI. The Election Commission's task of registering political parties is a quasi-judicial function, according to the Supreme Court.

Function of the Election Commission

Major functions of Election Commission are −

• The Indian Election Commission is regarded as the defender of free and fair elections.

• It releases the Model Code of Conduct in every election for political parties and candidates in order to maintain democratic decorum.

• It supervises political parties and registers them so that they may run in elections.

• It announces and monitors the permissible campaign spending limits per candidate for all political parties.

• Political parties must submit annual reports to the ECI in order to receive tax breaks on contributions.

• It ensures that all political parties produce audited financial reports on a regular basis.

Role of ECI

ECI is critical to the organization of elections. The ECI's primary responsibility is to organize free and fair elections in compliance with the rules and the Model Rules of Ethics, a code of ethics. It is in reaction to the surveillance of the acts and activities of political parties and candidates.

Conclusion

The whole process of electing India's president and vice president, as well as the legislatures of every state, falls under the purview of the Election Commission of India, which also has oversight and directing duties for the process. This aids in the conduct of Lok Sabha, Rajya Sabha, and other elections.

FAQs

Q1. How many members are there in the Election Commission of India?

Ans. The "Election Commissioner Amendment Act, 1989" was passed on January 1, 1990, transforming the commission into a multi-member body. A three-member commission has been in existence since then, with decisions decided by a majority vote.

Q2. What is Universal Adult Suffrage?

Ans. The right to vote is granted to all inhabitants of a country without regard to religion, class, race, or gender. It is founded on the fundamental principle of democracy: equality for all. To prevent someone from exercising their free right to vote is a violation of their equality.

Q3. Who can remove the Election Commissioner?

Ans. Chief Election Commissioner, which is a constitutional body, can be removed from his office only by the president, but it is not a direct procedure rather president of India can remove the chief election commissioner on the basis of a resolution passed to that effect by both the houses of parliament with a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehavior or incapacity. However, other two election commissioners can be removed by the President of India anytime on the recommendation of the Chief Election Commissioner.